Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 28374 (RAJ)

DEEPIKA W/O AJAY JHAJHARIA v. STATE OF RAJASTHAN

CW/12652/2025 · 2025-08-25

Anand Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33532] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12652/2025 Deepika W/o Ajay Jhajharia, Aged About 39 Years, R/o Village Jhajharia Ki Dhani, Post Sigra, Tehsil Mandawa, District Jhunjhunu, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur 2. The Director, Elementary Education, Rajasthan, Bikaner. 3. The District Education Officer (Headquarter), Elementary, Jhalawar. 4. The District Education Officer (Headquarter), Elementary, Jhunjhunu. 5. The Chief Block Education Officer, Samagra Shiksha, Mandawa, District Jhunjhunu. 6. The Principal, Govt. Sr. Secondary School, Hetamsar, District Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 25/08/2025 1. Issue notices to the respondents. 2. Mr. Gopal Krishan Sharma, AGC accepts notice on behalf of respondents. 3. Learned counsel for the petitioner submits that earlier at the request made by the petitioner, at the cost of her seniority, one transfer order dated 09.08.2018 was issued by the respondents whereby the petitioner was transferred from [2025:RJ-JP:33532] (2 of 3) [CW-12652/2025] Government Upper Primary School, Jeetakheri, Jhalawar to Government Girls Upper School Ward No.4, Jhunjhunu. However, the petitioner was not relieved pursuant to aforesaid transfer order. Under such facts and circumstances, the petitioner filed S.B. Civil Writ Petition No. 19716/2018 which was allowed vide order dated 31.10.2018 directing the respondents to permit the petitioner to join at the transferred place at Mandawa, Jhunjhunu. 4. Learned counsel for the petitioner further submits that despite the order passed by this Court, for a period of 5 years, petitioner was not relieved and the relieving order was issued only on 26.09.2023 and pursuant to such relieving order, she joined at the transferred place at Mandawa, Jhunjhunu in September, 2023. Thereafter, the aforesaid writ petition was disposed of by this Court vide order dated 20.12.2024 along with a batch of writ petitions directing all the petitioners to submit their representation showing their grievance and the respondents were directed to adjudicate the same in the light of judgment of Hon'ble Supreme Court in the case of State of Bihar Vs. Shilpi Bose, 1991 Supplement 2 SCC 659. 5. Learned counsel for the petitioner submits that as petitioner was not aggrieved by the transfer order in question and rather was seeking implementation of the transfer order, therefore, under confusion, she did not submit any representation and in absence of any representation at the behest of petitioner, vide order dated 03.07.2025, the petitioner was relieved for reporting at Government Primary School Jitekheri, Block-D, District Jhalawar. Against the aforesaid order, although appeal No. 3306/2025 was filed by her before Rajasthan Civil Services [2025:RJ-JP:33532] (3 of 3) [CW-12652/2025] Appellate Tribunal, Jaipur, yet without considering the fact that the petitioner was never aggrieved by original transfer order dated 09.8.2018, only on account of not submitting representation pursuant to directions given by this Court on 20.12.2024, the appeal has been dismissed. 6. Learned counsel for the petitioner submits that at the one hand, the petitioner had to lose her seniority on account of request transfer vider order dated 09.08.2018 and on the other hand again she has been transferred back to Jhalawar, which is causing serious prejudice and miscarriage of justice. 7. In the light of above, the writ petition is disposed of with the direction that now the petitioner may submit representation showing her grievance within a period of 7 days and in case such representation is filed by the petitioner, same shall be decided within the further period of 10 days by the respondents. 8. Stay application also stands disposed of. (ANAND SHARMA),J NEERU/24